Zeni v. Anderson

Eleanor Zeni (plaintiff) walked to work in the roadway with her back to traffic on a well-used pedestrian path, because the sidewalk was snow-covered and slippery. Karen Anderson (defendant), whose windshield was clouded over by the cold so she likely could not see, struck and severely injured Zeni. A Michigan statute barred walking in the road where sidewalks existed and, where none did, required pedestrians to walk facing traffic if practicable. Zeni sued for negligence. The trial court found for Zeni, but the court of appeals reversed, and Zeni appealed.

Whether the presumption that violating a statute establishes a prima facie case of negligence may be rebutted by showing an adequate excuse under the circumstances of the case.